Case Digest (G.R. No. 8703)
Facts:
- The case involves a land dispute in Tangos, barrio of Soledad, Santa Rosa, Nueva Ecija.
- Plaintiff Nazario Marcelo filed a complaint on August 15, 1911, claiming exclusive ownership of a 212-cavane parcel of land.
- Marcelo alleged that defendants Clemencia Maniquis and Juan de la Cruz unlawfully appropriated part of his land on July 11, 1911, causing him damages.
- He sought a preliminary injunction, a declaration of ownership, and P 200 in damages.
- The defendants denied the allegations, asserting that Clemencia and her late husband had possessed the land for over thirty years based on a sale from Potenciano Marcelo, Nazario's nephew.
- The trial court ruled in favor of Marcelo on April 30, 1912, ordering the return of the land and payment of damages.
- The defendants appealed the decision.
Issue:
- (Unlock)
Ruling:
- The Supreme Court reversed the trial court's judgment, absolving the defendants from the complaint.
- The court concluded that Nazario Marce...(Unlock)
Ratio:
- The Supreme Court emphasized that ownership must be established through positive rights, not mere allegations.
- Marcelo failed to demonstrate ownership and the identity of the land he claimed.
- Evidence indicated that the land Marcelo referred to did not match the boundaries of the land held by the defendants.
- Marcelo's lack of objection during the possessory information proceedings initiated...continue reading
Case Digest (G.R. No. 8703)
Facts:
The case of Nazario Marcelo vs. Clemencia Maniquis and Juan de la Cruz revolves around a dispute over a parcel of land located in the sitio of Tangos, barrio of Soledad, pueblo of Santa Rosa, Nueva Ecija. The plaintiff, Nazario Marcelo, filed a complaint on August 15, 1911, in the Court of First Instance of Nueva Ecija, asserting that he was the exclusive owner of the land in question, which had an area of 212 cavanes of seed. Marcelo claimed that the defendants, Clemencia Maniquis and Juan de la Cruz, unlawfully appropriated a portion of his land without his consent on July 11, 1911, and had retained possession, causing him damages. He sought a preliminary injunction to prevent further encroachment, a declaration of ownership, and compensation for damages amounting to P 200.
The defendants denied Marcelo's allegations, asserting that Clemencia Maniquis and her late husband, Mariano del Barrio, had possessed the land for over thirty years. They claimed ownership based on a sale from Potenciano Marcelo, Nazario's nephew, and argued that they had been in continuous possession since Mariano's death. The trial court ruled in favor of Marc...